Study On Regarding Aiding Act As Perpetrating Act

Generally,the regulation of helping behavior is under the system of accomplice regulation.Helping behavior itself belongs to different special behavior paradigm.However,it cannot be neglected.With the development of society in the environment of economic diversification,the emergence of new legal benefits makes the traditional regulatory path appear to be "powerless".The legislator corrects he system of accomplice regulation through the amendment,which leads to the legislative phenomenon of this kind of behavior.As a path choice of legislative technology,the helping behavior's principal offenderization belongs to the independent regulation for the transcriminalization of the helping crimes and the helping behavior so as to meet the rigid demand of sentencing.The incriminating mentality of the helping behavior's principal offenderization has a great impact on the crime of helping behavior or the behavior of being helped.Therefore,it is essential to conduct the research on the imputation phenomenon of helping behavior.In order to find out the criminalization standard of this kind of helping behavior,it is necessary to analyze the type of helping behavior and find out the developmental characteristics and paradigm of the helping behavior's principal offenderization.It is to distinguish different regulations on the helping behavior and point out the shortcomings of their own regulations.The trend of criminalization of helping behavior needs to be steadily advanced.The criminal policy consideration,the positive criminal law thought,the legal interest pre-protection philosophy,and the guidance mentality of scientific legislation are the foundation for the development of the helping behavior's principal offenderization.Moreover,under the great background of international environment,we should grasp the principal offender's necessity of helping behavior on the basis of the legality principle.The problem of principal offenderization is the replacement of the crime system,the supplement of the regulationmeans,and the manifestation of the domestic demand of sentencing.Through reflecting on the basis of the punishable helping behavior,we can find that the impact of helping behavior on the theory of accomplice has resulted in the generalization and weakening of the accomplice system.The punishable source of transcriminalization of helping behavior is derived from the theory of dualistic behavior with no value,and the criterion of the helping behavior's regulation is reconsidered according to this theory.The theory supports the foundation of the punishable helping behavior.On this basis,it is to control the basic principle of criminal law,the legal punishment of crime,the adaptation of criminal responsibility,the modesty of criminal law,etc.Meanwhile,it is to perfect the principal offenderization path's incriminating standard of helping behavior so as to prevent the criminal law wanton's expansion and the shift of heavy punishment thought,and let crime and punishment match with each other,showing penalty spirit.